MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1088, 29 March 1911, Page 3

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Before Dr. A. M'Arthur,' S.M.) UNDEFENDED CASES. Judgment by default was 'given for plaintiffs ill the following undefended cases:—A. Murdoch and Co. v. Adam L. Linton, 10s., bosts .£1 Bs. Cd.; Bates and Lees v. Itobert Potts, .£2 7s. (Id., costs 10s.; Smith and Smith, Ltd., v. John Searl, JDI 10s„ costs 75.; 11. ltolloway v.' Harry J. Keogh, ,£2 55., costs 10s.; Magnus, Sanderson and Co., Ltd., v. E. Barlow and Co., ,£lO 7s. Id., costs ,£2 Ms.; Crawley, liidlcr and Co. v.' Walter M'Guire, -21 Gs. Cd., costs 55.; same v. John Lane, .£1 4s. 3d., costs 55.; Australian Kodak, Ltd., v. John Edward Dawsou,. .£!! 15s. Id., costs JSil v 3s. (id.; To Aro. House Drapery Company, Ltd., v. Timothy Moynihan, .£2 13s. -Id., costs 10s.; G. It. Wilton v. Patrick Median, £3 S)s. Sd., costs 125.; Wellington Drivers' Unio'i v. Walter Taylor, J!1 Js. Gd., costs 55.; Wellington City Council v. Charles Ilenrv Bird and Frederick Bird, ,£l2 19s. Id., costs 7s.

JUDGMENT SUMMONSES. Thomas Hatten was ordered to pay ,£1 13s. to the Wellington Drivers' Union on or before April 11, in default three days' imprisonment. In the case of John Lysaght, Ltd., v. William Baxter, a claim for .£G lis. 5d., defendant was ordered to pay the amount on or before April 11, in default seven days' imprisonment. No order was made in tho case of To Aro House Drapery Company, Lid., v. William A. H. Love, a claim for .O Cs. Id. NONSUIT POINT RAISED. There was a further hearing yesterday of Hie case of Laery and Co. v. Charles Benzie, Trenthnm, a claim for X'2oo for goods sold and delivered. Mr. A. Si Mentonth appeared for plaintiffs, and Mr. A. Fair for defendant. It appeared that plaintiffs had issued a second summons for ,£l2 Ills, for interest 011 the. 0:2(111, but this claim had been abandoned, with costs 10s. (id. to the defendant. .Mr. Menteath mentioned that when (lie ease was heard previously (he defendant hail made an npplication'for leave to defend on the ground that he hail'iut been served with particulars. These had now been supplied, and leave lo defend granted. Counsel for defendant asked for a nonsuit on tho ground that as (he debt was a large one. and tho extreme jurisdiction of the Court had been invoked, the proceedings should be entirely regular, where„as summous ir.as entirely 'irregular.

Tho>e irregularities, counsel contended, wore Mich as to put the matter beyond the jurisdiction oi' llie magistrate. Jlr. .Men teal li argued that tlu'se technicalities were mere obstructions to a just iudobtednes-. and were raited for the purpose of gaining time. 'J'lie magisir.ite said that he would take time 10 consider the own-suit point and would give a decision on Thursday morning. CMIJI I'OI! TillHKit SUPPLIED. The l'ukuweka Sawmills, Ltd., timber merchants, .-tied llichard Keetie to re- | cover Ihe sum of .[37 12s. 10d. alleged to be owing on account of timber supplied. Jlr. G. Toogood. appeared for ; plaintiff and Jlr. O. Beere for defendant. Aflcr partial hearing the case was adjourned till to-morrow morning to enable one other witness to be called. GOODS SOT,D AND DELIVERED. Harris and Baslin, Ltd.. engineers and importers, Thorndon (Juav, Wellington, sued Prank Rhodes, hotelkeeper, Stratford, to recover the sum of .£8 os, lid., balance alleged to be due for goods sold and delivered and costs agreed to be paid by defendant in consideration of their taking 110 further proceedings 011 a plaint: filed 111 the Jlagistrate's Court, Wellington. Jlr. H. Buddie appeared for the plaintiffs and Jlr. 11. 13. Evans for defendant. After hearing evidence the magistrate gave judgment for plaintiffs for ,£G 4s. lid. with costs 10s., and solicitor's i?c .El Is. UNIONIST'S CONTRIBUTIONS. The Wellington Drivers' Union claimed .£1 3s. from Arthur John Connor for union contributions, alleged to bo due, and 10s. fine imposed on members whoso subscriptions happened to be in arrears. After hearing evidence and legal argument, the magistrate gave judgment for plaintiffs for 35., and costs (Is. Jlr. A. L. Mindmarsh appeared for plaintiffs, mid JJr. J. J. Jl'Gralh for defendant. POLICE CASE. The only police case dealt with at tho Jlagistrate's Court yesterday morning was that of a first-offending inebriate, who was convicted ami discharged.